Arbind Kumar @ Arvind Kumar @ Arvind Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17483 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- NADI District- West Champaran ====================================================== Arbind Kumar @ Arvind Kumar @ Arvind Kumar Patel S/o Shambhu Patel Resident of village- Baswariya, ward- 21, P.S.- Bettiah, District- west champaran, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Mohan, Advocate For the Opposite Party/s :

Mrs.Rina Sinha,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nadi P.S. Case no.45 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. As per the prosecution case, 28.5 liters of foreign liquor was recovered from a bus bearing Registration BR-55-P5625 which was driven by accused Anwar Kha.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired in this case on one time call from his mobile phone to the accused Anwar Kha and also from his

Patna High Court CR. MISC. No.17483 of 2025(3) dt.07-05-2025 2/3 confessional statement made before police. No recovery has been made from the physical or conscious possession of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the facts of the case that the petitioner has no criminal antecedent as also no recovery has been made from physical or conscious possession from him, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nadi P.S. Case no.45 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Bagaha, West Champaran, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of

Patna High Court CR. MISC. No.17483 of 2025(3) dt.07-05-2025 3/3 bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J) Harsh/- U T